A/HRC/14/43/Add.2
discrimination against persons with a migration background. These interlocutors noted that
the Plan does not propose any reform in key areas that directly contribute to the socioeconomic exclusion of migrants, such as the role of the education system in promoting
equal opportunities, or the question of discrimination in areas such as housing and
employment. A more comprehensive criticism of the National Action Plan against Racism
voiced by civil society is that it has not managed to shift anti-racism actions in Germany
from project-oriented actions to taking a structural approach to the problem.
IV. Main challenges in the fight against racism, racial
discrimination, xenophobia and related intolerance
A.
Law enforcement and right-wing extremism
29.
The Federal Ministry of Interior provided some relevant figures to the Special
Rapporteur with regard to right-wing extremism. Officials noted that there are about 30,000
right-wing extremists in the country at present, 4,800 of which are believed to be neoNazis, in nearly 160 associations. Apart from these organized groups, according to the
Ministry some 9,500 persons are believed to be ready to engage in racist violence.
Furthermore, around 13,000 extremists are organized in extreme right-wing political
parties. While civil society organizations estimated that these figures are much lower than
the real number of extremists in Germany, the figures nevertheless show that extreme rightwing ideologies, including neo-Nazism, are still active and abundant in the country.
30.
The question of right-wing racist organizations, including neo-Nazi movements, was
also addressed by authorities in the Ministry of Interior. Government officials explained
that over the past 20 years, more than 30 racist organizations have been banned. Some of
these organizations continue to operate under different names, requiring legal procedures to
be re-initiated. However, the Special Rapporteur noted a high level of awareness insofar as
curbing the activities of such organizations is concerned. Officials explained that
proceedings to ban political parties are more complex due to the additional constitutional
protection afforded to such parties. In particular, the question of previous proceedings taken
against the National Democratic Party (NPD) was addressed. In view of the failure of
previous attempts to ban the NPD, the authorities explained that they would only initiate
such a procedure if there were credible enough evidence for a lawsuit to be successful.
31.
With regard to racial profiling, minority associations and non-governmental
organizations expressed concern regarding the widespread perception that in the aftermath
of 11 September 2001, the police engaged in racial and religious profiling against certain
groups, including people of African descent, Arabs and Muslims. Officials at the Ministry
of Interior emphasized that police searches have to be motivated by a prior suspicion, and
that police officers cannot rely on subjective notions, such as the ethnic or religious
background of individuals, as grounds for suspicion. They further emphasized that these
principles are the subject of extensive training for police cadets.
B.
Hate crimes
32.
Existing criminal legislation on hate crimes is contained in section 46 of the
Criminal Code, which provides for the consideration of the “motives and aims of the
perpetrator” when investigating and adjudicating on criminal acts. The concept of racist
hate crimes is thus not formally defined in the legislation. However, a peak in the number
of cases which could be classified as hate crimes in the late 1990s and 2000 prompted the
authorities to review the system of registration of hate crimes. In this new classification
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